Injury before coming into force of section 38.2, effect of increase in scale after June 1, 1960
38(1)Where a worker is injured before the coming into force of section 38.2 the compensation payable under this Part is as follows:
(a)
in the case of temporary partial disability continuing for one day after the accident and diminishing the earning capacity of the worker by more than ten per cent, a payment or payments at a rate equal to seventy-five per cent of such diminution of earning capacity calculated on a basis not exceeding the New Brunswick Industrial Aggregate Earnings per year;
(b)
in the case of temporary total disability continuing for one day after the accident, a payment or payments equal to seventy-five per cent of the average earnings of the worker, but not more than seventy-five per cent of the New Brunswick Industrial Aggregate Earnings per year, and not less than ninety dollars per week, except where the average earnings of the worker is less than ninety dollars per week, in which case the payments shall equal the amount of such earnings, said payments to be continued for the duration of the disability;
(c)
in the case of permanent total disability payments during the life of the worker or the duration of the disability equal to the average earnings of the worker but in no case to exceed seventy-five per cent of the New Brunswick Industrial Aggregate Earnings per year;
(d)
in the case of permanent partial disability, payments during the life of the worker or the duration of the disability on a scale to be established by the Commission and proportioned upon the diminution of earning capacity and the degree of disfigurement but in no case to exceed seventy-five per cent of the New Brunswick Industrial Aggregate Earnings per year;
(e)
Repealed: 1989, c.65, s.10
(f)
where deemed just, the impairment of earning capacity may be estimated from the nature of the injury, having always in view the worker’s fitness to continue the employment in which he was injured, or to adapt himself to some other suitable occupation,
(g)
Repealed: 1981, c.80, s.14
38(2)Repealed: 1981, c.80, s.14
38(3)Repealed: 1981, c.80, s.14
38(4)Repealed: 1975, c.92, s.5
38(5)Repealed: 1981, c.80, s.14
38(6)Repealed: 1981, c.80, s.14
38(7)Where the amount of compensation payable to a widow or invalid widower in receipt of compensation on May 31, 1960, was increased on June 1, 1960, such increase shall be paid out of the Accident Fund and thereupon the Accident Fund shall be reimbursed monthly out of the Consolidated Fund.
38(8)Repealed: 1981, c.80, s.14
38(9)Repealed: 1981, c.80, s.14
38(10)Repealed: 1981, c.80, s.14
38(11)Repealed: 1981, c.80, s.14
38(12)Repealed: 1981, c.80, s.14 R.S., c.255, s.35; 1955, c.81, s.5, 6; 1957, c.68, s.5, 6; 1958, c.59, s.1, 2, 3, 4, 7; 1959, c.79, s.3; 1960, c.79, s.1; 1961-62, c.72, s.11, 12, 13, 14; 1965, c.48, s.4, 5; 1968, c.91, s.4, 5; 1969, c.76, s.1; 1971, c.77, s.2, 3; 1973, c.65, s.4, 5, 6, 7, 8, 9; 1974, c.49 (Supp.), s.2, 3; 1975, c.92, s.5; 1978, c.61, s.4; 1980, c.56, s.8; 1981, c.80, s.3, 14; 1989, c.65, s.10; 1994, c.70, s.12